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Man injured at work receives workers compensation benefits
In October 2011, a man sustained injuries to his knees after
bending and twisting to straighten a heavy pallet of goods.
He required surgery on both knees, lived with chronic pain
thereafter and was restricted in his work capabilities.
His employer's workers compensation insurer accepted
liability for the knee injuries and began payment of weekly
benefits and treatment expenses in relation to those injuries.
Man commits suicide and widow claims lump sum death
benefit
In early 2012, the man developed major depression. On 1 March
2013 he took his own life by overdosing on his anti-depressant
medication.
After his death, the man's widow sought payment of a lump
sum death benefit from the employer's workers compensation
insurer.
The employer's insurer denied liability and the widow lodged
a dispute with the NSW Personal Injury Commission.
case a - The case for the employer
case b - The case for the widow
Since there is insufficient evidence of a connection between
the man's knee injuries and his suicide some 18 months later,
we are not liable to pay a death benefit. There is no mention of
depression in any of the man's medical certificates following
his knee injuries. Further, as the medical evidence shows, the
man's knee injuries were actually starting to improve before
his death.
On the other hand, there is clearly sufficient evidence that
the man had other problems in his life, any one of which could have
caused major depression and ultimately death by suicide. The man
was having marital problems at the time of his death. He and his
wife were arguing frequently, including on the day of his death. He
had also recently been diagnosed as suffering from emphysema, a
fatal health condition.
There is also a well-documented history of mental health
problems that predate the man's work injury. In 2004 he
attempted suicide by firearm, after suffering a major
life-threatening injury in a former job. Following that suicide
attempt he spent eight weeks in a mental health facility, where he
was treated by a psychiatrist. At the time of his work injury in
2011 he was still taking medication for that condition.
In addition to there being no nexus between the man's
injuries and his death by suicide, the Workers Compensation
Act precludes recovery of a death benefit where the death
resulted from an intentional self-inflicted injury. As our medical
expert has stated, the suicide notes left by the man confirm that
his death was intentional and a result of a considered act of
self-inflicted injury. There was no psychiatric evidence that his
volition was overthrown.
Since there was no connection between the work related injury
and the man's suicide, and because the claim for death benefits
is precluded by the man's intentional suicidal act, the
commission must reject the widow's claim.
There is a clear connection between my husband's knee
injuries and his suicide.
Prior to his work injury, we had a happy marriage, travelling
together in our caravan and visiting our children and
grandchildren. Following his knee injuries, his mental health
deteriorated significantly because he was frustrated by his
situation, in constant pain and unable to perform his old duties at
work. His inability to participate in previously enjoyed
activities, or to return to the work he loved, caused him to suffer
severe mood swings and a change in personality. This caused an
increased tension in our marriage, rather than, as the employer
suggests, our marital tensions being the cause of my husband's
mental health problems.
My daughter had a discussion with her father shortly prior to
his death. He disclosed to her that he hated being in pain all the
time, felt heartbroken that he could not be his "old
self" and believed his life was over since his work
accident.
It's true that my husband was diagnosed with depression
some years prior to his death. However, at the time of his work
injury, his depression was well controlled by medication. This has
been confirmed by my medical expert before the commission.
This medical expert has also expressed the view that my
husband's suicide was not an intentional act, since his thought
processes were distorted by his severe depressed mood.
Since my husband's suicide was the result of his knee
injuries and his suicide cannot be said to be an intentional
self-inflicted act, the employer's insurer is liable to pay out
the death benefit.
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guide to the subject matter. Specialist advice should be sought
about your specific circumstances.